Data collection and immunisation
Certain businesses have been advised by government to request that visitors and staff “check-in” each time they attend the premises. This includes hospitality and leisure venues, community centres and those providing close contact services.
The data collected must comply with UK GDPR, and should only be used to help NHS Track and Trace locate anyone who could have come into close contact with COVID-19.
In England, it is no longer a legal requirement to collect this data, much like the wearing of face coverings. However many businesses continue to follow the recommendation. In Scotland and Wales, of course, rules differ, so do seek advice to check that your processes are compliant.
At this stage in the pandemic, the vaccination programme is well underway. COVID or Immunity Passports are being issued for fully vaccinated people to travel with less restrictions. They are also expected to be introduced for “high risk” situations in England that attract large crowds.
Both data collection and immunisation have been key safety measures for people and businesses. It’s understandable then, that some employers are querying whether they can request and record vaccination status from their employees.
For care homes in England, COVID vaccination will be a legal requirement for staff, visiting professionals and tradespeople from 11th November. For other businesses, there is still some ambiguity over the collection of vaccination status and the legalities of a “no jab, no job” policy.
So, even if you’re not planning to make vaccinations mandatory in your business, can you ask staff if they have had the vaccine?
The ICO (Information Commissioner’s Office) states that, as vaccination status is classed as special category data, use of such data must be clear, necessary, and transparent. In other words, make sure that you really need it and are able to justify this before you collect it.
There are risks involved, which a full risk assessment can help you to identify. For starters you’d need to ensure that your methods of data collection are compliant with data protection laws.
Employers also have a responsibility to protect their staff from discrimination and should err on the side of caution when recording vaccination status. Some people will not get vaccinated for personal or medical reasons and must not be treated any differently to their vaccinated co-workers.
Keep in mind that the pandemic has been a dynamic situation and so there is a chance that official guidance on the matter can change at short notice. If you have questions about keeping your business compliant, get in touch.
New duty for employers to protect staff from
sexual harassment
By law, employers are required to take reasonable steps to prevent their employees from experiencing sexual harassment by their colleagues.
However, the government’s response to a recent consultation into workplace sexual harassment suggests that more needs to be done to stop it. The consultation had collated feedback from charities, employers and the general public.
At present, many instances of workplace sexual harassment are dealt with in a reactionary manner. This approach has been criticised for not getting to the root of the problem; especially considering that harassment can go unreported through fear of reprisal.
Commenting on the findings of the consultation, Minister for Women and Equalities, Rt Hon Elizabeth Truss MP is confident that the actions the government will take will see a shift change and make a tangible and positive difference.
So what does this look like?
The government is committed to updating existing legislation and introducing a new preventative duty for employers. Whilst the finer details are yet to be revealed, it is expected to require employers to take “all reasonable steps” to prevent harassment.
A statutory code of practice and accessible guidance for employers will also be released. Until then, the Equality and Human Rights Commission’s 2020 guide for employers on preventing sexual harassment at work is a helpful tool for making your business safe and free from harassment.
Sexual harassment is a sensitive and complex issue. If it is managed poorly, it can do serious damage to your business. For expert advice contact your local HR Dept without delay.
Refusing to come to work through fear of COVID-19
Are you dealing with an employee refusing to return to the workplace through fear of contracting COVID-19? With workplaces reopening and the virus still in circulation, this is a real and risky situation for employers.
The Employment Rights Act 1996 provides employees protection from dismissal where they take appropriate steps to protect themselves or others from serious and imminent danger.
However, this isn’t a carte blanche for employees not to show up to work, especially if you have followed COVID Secure guidance and taken the necessary steps to protect staff from COVID.
Such was the finding in the recent Employment Tribunal concerning Rodgers v Leeds Laser Cutting Limited. Mr Rodgers’s claim for automatic unfair dismissal was unsuccessful, with the ruling pointing to the fact that he had not raised any concerns to his employer about any perceived danger. The emphasis here being on a real or perceived danger, and not a generalisation.
This is a complicated issue nonetheless and any situation regarding an employee refusing to come to work through fear of catching COVID-19 should be assessed individually and with expert advice.
What to do when personalities clash
Personality clashes are an awkward but inevitable part of life. When different types of people work together at the same company, personality clashes can disrupt the workplace.
Because personality clashes can’t necessarily be avoided, you may think that there’s little that can be done. In fact, you might try and stay out of it altogether and let those butting heads just learn to get along.
The trouble with this approach is that, if you don’t change something, very often nothing will change. Your feuding foes are unlikely to suddenly see eye-to-eye without some level of mediation.
To prevent a personality clash escalating, it’s wise to sit down with each employee individually to find out what’s really going on. If there’s no obvious cause of conflict and you need them to work together, mediation with a trusted third party can be a productive way to move forwards.
Summer slackers
Summertime and the weather is, well, British.
There’s a high chance your employees are longing to be outside when the sun is shining or daydreaming of an upcoming holiday when it’s not. Summer can be a distraction for all sorts of reasons.
You can’t hide the sun, let’s face it, it does a good job of that on its own. So what can you do to get your team focused and back on track this season?
Aside from reminding them of important work by setting summer goals, relaxing a few rules around this time of year can have a positive effect on productivity. This could be summer working hours or a relaxed dress code for example.
Employees should appreciate the gesture, but if some people try to push the boundaries with extended lunchbreaks, remember that we are here to help.
Managing those newbie mishaps
HBO Max recently held their hands up in a tweet regarding an email sent out to its mailing list in error, admitting that, “as the jokes pile in, yes, it was the intern”.
The Twittersphere responded beautifully, with all manner of people revealing their own mistakes during previous internships.
Mistakes happen and sharing your own mishaps can reduce some of the dread an intern in this position is likely to be feeling. A word of caution though, maybe give their training plan a review before you let them near the send button again.